International travel is almost always an exciting prospect. For many people, planning for a trip, and the anticipation that accompanies planning a trip can be almost as fun as the trip itself. After all, it involves going through travel guides, figuring out where you’re going to stay, what sites you’re going to see, etc.
Of course, planning an international trip also involves some boring logistics: booking flights, getting traveler’s insurance, and the like. However, there is one thing that many international travelers fail to account for: the unique legal issues that you can face when traveling to a foreign country.
However, travelers should be aware of the unique legal issues that they can face, which are unlikely to come up in any context other than international travel. These legal issues include laws of foreign countries that differ from the laws of your home country, customs regulations, and others. This article will give a basic overview of some of these legal issues, and how to prepare for them.
Foreign Laws
When you are traveling to a foreign country, there is one basic fact that you should always keep in mind: when you’re in a foreign country, you’re subject to that country’s laws, no matter where you’re from. So, if you’re arrested in a foreign country, saying “I’m an American!” isn’t going to help you.
It’s also essential to know that the freedoms that you take for granted as an American are far from universal. For example, in the U.S., and most other Western countries, you are free to criticize the government to your heart’s content. This is especially true in the United States, where people can express any political opinion, no matter how extreme, as long as it is not done in a way that’s likely to incite violence. In many other countries, however, speech that’s critical of the state is either considered extremely rude and socially unacceptable, or it’s outright illegal. For example, in the popular tourist destination of Thailand, it’s illegal to criticize the country’s monarchy.
You should also know that in many foreign countries, conduct that’s illegal in the U.S., but considered a relatively “minor” offense (such as small-quantity drug possession), is treated far more seriously. This is most amply demonstrated in Singapore: this city-state has a thriving market economy, its population has modern, progressive sensibilities on most issues, and the government is a Western-style democracy. It is also a popular destination for tourists. But when it comes to crime, Singapore has a major authoritarian streak. Possession or importation of even a small amount of illegal narcotics (such as marijuana, cocaine, or heroin) is subject to the death penalty.
And other “minor” crimes in Singapore are punishable by long prison sentences, lashings, and massive fines.
In other countries, particularly in the Muslim world, alcohol is illegal, which includes the importation of alcoholic beverages. So, if you buy a bottle of wine at the airport’s duty-free shop before you leave, it may be confiscated when you arrive in some countries.
In the unlikely event that you are arrested in a foreign country, you should stay calm and comply with whatever instructions the arresting officer gives you. You should ask to speak with a representative of the embassy of your home country. Most nations are parties to international agreements that give foreigners the right to speak with a consular representative if they are arrested. However, you should temper your expectations about what that person will actually be able to do for you. Representatives of the U.S. embassy might help you find a local lawyer, and contact your relatives or loved ones back home, if you want them to. They will also try to make sure you are being treated humanely by the local authorities. However, they will not interfere with the local judicial system, and they will not try to secure your release (or any other special treatment) simply by virtue of your citizenship.
Customs Regulations
The potential legal issues that you can face while traveling internationally don’t just come up when you’re abroad: you can also face legal issues on your way back to the United States, particularly when you have to go through customs.
Customs regulations are laws that govern what can and cannot be brought into a country. In the Untied States, they are primarily concerned with the importation of illegal drugs, live plants and animals (especially those that might cause agricultural damage), and counterfeit goods.
Many people who are traveling abroad are aware that, in many countries, you can buy counterfeit name-brand goods (such as clothing, handbags, and watches), as well as pirated movies, music, and video games. People who buy these products often assume that what they’re doing is technically illegal, but unlikely to expose them to any serious legal problems. However, federal law prohibits the importation of counterfeit goods, or pirated media. If you are caught bringing such items into the United States from your trip abroad, you can, at the very least, expect the goods to be confiscated. In more severe cases, you may also be subject to fairly hefty civil and criminal penalties.
As you can see, properly planning a trip to a foreign country involves a lot more than booking hotel rooms and making space in your suitcase for Hawaiian shirts. When traveling to a foreign country, especially one that comes from a cultural tradition very different from your home country, you should take at least a little bit of time to familiarize yourself with the criminal laws of that country. Obviously, you don’t need to become an expert on the subject, but it’s important to be aware of the areas in which the laws of your destination differ significantly from the laws of your home country, to ensure that you do not inadvertently become a criminal while you’re on vacation.
Author: John Richards is a writer for LegalMatch.com and the LegalMatch.com Law Blog. The above article is for general informational purposes only, and should not be construed in any way as legal advice relevant to your particular situation. The only person qualified to give you legal advice is an attorney licensed to practice in your jurisdiction, who has been apprised of all the relevant facts of your situation.
